Warrant of Arrest.

Section 1-4, Rule 113 of Criminal Procedure states the following about arrest:

Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense. An arrest is made by an actual restraint of a person to be arrested, or by
his/her submission to the custody of the person making an arrest. No violence or unnecessary force shall
be used in making an arrest. The person arrested shall not be subject to a greater restraint than is
necessary for his/her detention. It shall be the duty of the officer executing the warrant to arrest the
accused and deliver him/her to the nearest police station or jail without unnecessary delay. The head of
the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be
executed ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the
officer to whom it was assigned for execution shall make a report to the judge who issued the warrant.
In case of his/her failure to execute the warrant, he/she shall state the reasons thereof.

The following persons may make/effect/execute an arrest:

Police Officer

(in both warrantless arrest and arrest with warrant), private person (only warrantless arrest or citizen’s
arrest), members of investigation staff of the NBI (under RA 157, as amended), bailor (may arrest the
accused for the purpose of surrendering him in court (US vs. Addison, 27 Phil. 563; People vs. Caderao,&
SCRA639), sheriff or deputy sheriff (may arrest a witness who failed to attend and obey subpoena
despite proof of service thereof; (Sec.11, Rule 23), provincial or city probation officer (may arrest
probationer under his care; Sec. 24, PD 986, as amended), Commissioner of Land Transportation and his
deputies (are authorized to make arrest for violation of Land Transportation and Traffic Code in so far as
motor vehicles are concerned; RA 4136, as amended).

Only judges may issue warrant of arrest. This exception is in case of deportation of illegal and
undesirable alien, whom the President or the Commissioner of Immigration may order arrested
following a final order of deportation for the purpose of deportation. A judge may not issue a warrant of
arrest without recommendation for bail where offenses bailable.

The persons who cannot issue warrant of arrest are:

1. Clerk of court (Amargas vs. Abbas, 98 Phil. 739; Arcilla vs. Acevedo, 88 SCRA53),
2. Public prosecutor (fiscal) (Lino vs. Fugoso, 77 Phil. 933),
3. Mayor (Ponsica vs.Ignalaga, 152 SCRA 647).

The persons exempted from arrest are:

Senator or Congressman in all offenses punishable by not more than 6 years imprisonment shall be
privileged from arrest while Congress is in session. (Sec. 11, Art.VI, 1987 Phil. Constitution), however,
Heads of State, Foreign Sovereigns, Ambassadors, Public Ministers are exempted from arrest, but
Consuls do not enjoy the same privilege.
Search Warrant - Rule 216, Section 1 of Criminal Procedure defines search warrant as an order in writing
issued in the name of the People of the Philippines signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring it before the court. A
search warrant is in the nature of a criminal process akin to writ of discovery. It is a special and peculiar
remedy, and drastic in nature. It is merely a judicial process designed by the Rules to respond only to an
incident in the main case, if only one has already been instituted or in anticipation thereof (Malavan vs.
Court of Appeals, 232SCRA 249).The securing of a search warrant is a measure that should be
encouraged earnestly to the end that the police authorities will respect the constitutional and legal
rights of the persons whose premises are to be subjected to search (People vs. Go,237SCRA 73).

The Supreme Court issued Circular No. 13 regarding the guidelines and procedures in the issuance of
search warrants. This is a measure to better serve the public good and facilitate the administration of
justice. Below are some of the guidelines applicable to this: All applications for search warrants, if filed
with the Executive Judge, shall be assigned by raffle, to a judge within his/her administrative area, under
whose direction the search warrant shall be issued for the search and seizure of personal property. After
the application has been raffled and distributed to a branch, the judge who is assigned to conduct the
examination of the complainant and witnesses should immediately act on the same, considering that
the time element and possible leakage of information are the primary considerations in the issuance of
search warrants and seizures.

The judge must, before issuing the warrant, personally examine in the form of searching questions and
answers, in writing and under oath, the complainant and any witnesses he/she may produce and attach
to the record their sworn statements together with any affidavits submitted. If the judge is thereupon
satisfied of the existence of the facts upon which the application is based, or that there is probable
cause to believe that they exist, he/she must issue the warrant substantially in the form prescribed by
the Rules.

In every court, there shall be a logbook under the custody of the Clerk of Court wherein shall be entered
within 24 hours after the issuance of the search warrant the following:

date and number of the warrant; name of the issuing judge; name of the person against whom the
warrant is issued; offense cited in the warrant; and name of the officer who applied for the warrant and
his/her witnesses.
Notice of Appeal.

A Notice of Appeal is a formal notice served by the appellant, a person who initiates an appeal, on the
court and the parties involved informing them of the appellant’s intention to request review of a lower
court’s order. It is the initial step in the appeals process. It informs the court and the party in whose
favor a judgment or order has been made that the unsuccessful party seeks a review of the case. Failure
to file a notice of appeal according to the statutory requirements will preclude
appeal(https://definitions.uslegal.com).